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State V. Larry Bird

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State V. Larry Bird State v. Bird Discovery and Investigation Reports Contents Procedural History Criminal Complaint Affidavit of Probable Cause Relevant Statutes State’s Witness List and Demand for Discovery Police Reports Defense Investigator Notes Statement of Larry Bird IN THE SNOHOMISH COUNTY SUPERIOR COURT STATE OF WASHINGTON THE STATE OF WASHINGTON, Plaintiff No. 1755A12D v. CRIMINAL COMPLAINT BIRD, LARRY, Defendant. Aliases: N/A DOB: 7/15/95 Interpreter Needed: N Language: Incident Location: 3001 Hewitt Avenue, Everett, WA Comes now, the Prosecuting Attorney for Snohomish County, Washington, and by this complaint, in the name and by the authority of the State of Washington, charges and accuses the above-named defendant with the following crime(s) committed in the state of Washington. Possession of a Stolen Vehicle, committed as follows: that the defendant, in Snohomish County Washington, on or about January 25, 2018, did possess a stolen vehicle in violation of RCW 9A.56.068, violation of which is a class B felony. Possession of a Controlled Substance, committed as follows: that the defendant, in Snohomish County Washington, on or about January 25, 2018, did possess a controlled substance, to wit, heroin, in violation of RCW 69.50.401, violation of which is a class C felony. I certify (or declare) under penalty of perjury under the laws of the State of Washington that according to the police reports the foregoing is true and correct. ___________________________ Phil Jackson Prosecuting Attorney DATED January 28, 2018, at the Snohomish County Prosecutor’s Office IN THE SNOHOMISH COUNTY SUPERIOR COURT STATE OF WASHINGTON THE STATE OF WASHINGTON, Plaintiff No. 1755A12D v. AFFIDAVIT OF PROBABLE CAUSE BIRD, LARRY, Defendant. Aliases: N/A DOB: 7/15/95 AFFIDAVIT BY CERTIFICATION The undersigned certifies that I am a Deputy Prosecuting Attorney for Snohomish County, Washington and make this affidavit in that capacity; that criminal charges have been filed against the above-named Defendant in this cause and that I believe probable cause exists for the arrest of the defendant on the charges because of the following facts and circumstances (this information is not based upon any independent or personal knowledge of these events, unless specifically noted): In Snohomish County, Washington, the defendant committed the acts described in the synopsis attached hereto and incorporated herein by reference. In addition to the attached synopsis, a review of additional sworn statements from the officer reflects that he determined based on his observations and investigation that the defendant committed the above-referenced charges and placed him under arrest for Possession of a Stolen Vehicle and Possession of a Controlled Substance. I certify (or declare) under penalty of perjury under the laws of the State of Washington that according to the police reports the foregoing is true and correct. ___________________________ Phil Jackson Prosecuting Attorney DATED January 28, 2018, at Everett, Washington. RCW 9A.56.068 Possession of stolen vehicle. (1) A person is guilty of possession of a stolen vehicle if he or she possess [possesses] a stolen motor vehicle. (2) Possession of a stolen motor vehicle is a class B felony. [2007 c 199 § 5.] RCW 69.50.401 Prohibited acts: A — Penalties. (1) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. (2) Any person who violates this section with respect to: (a) A controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam, including its salts, isomers, and salts of isomers, classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine; (b) Amphetamine, including its salts, isomers, and salts of isomers, or methamphetamine, including its salts, isomers, and salts of isomers, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost; (c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW; (d) A substance classified in Schedule IV, except flunitrazepam, including its salts, isomers, and salts of isomers, is guilty of a class C felony punishable according to chapter 9A.20 RCW; or (e) A substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW. (3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of marijuana in compliance with the terms set forth in RCW 69.50.360, 69.50.363, or 69.50.366 shall not constitute a violation of this section, this chapter, or any other provision of Washington state law. [2013 c 3 § 19 (Initiative Measure No. 502, approved November 6, 2012); 2005 c 218 § 1; 2003 c 53 § 331. Prior: 1998 c 290 § 1; 1998 c 82 § 2; 1997 c 71 § 2; 1996 c 205 § 2; 1989 c 271 § 104; 1987 c 458 § 4; 1979 c 67 § 1; 1973 2nd ex.s. c 2 § 1; 1971 ex.s. c 308 § 69.50.401.] IN THE SNOHOMISH COUNTY SUPERIOR COURT STATE OF WASHINGTON THE STATE OF WASHINGTON, Plaintiff No. 1755A12D v. WITNESS LIST AND DEMAND FOR DISCOVERY BIRD LARRY, Defendant. COMES NOW the Prosecuting Attorney for Snohomish County, Washington and makes the following voluntary disclosures and demands upon the defendant. The state voluntarily DISCLOSES the following: Witness List: 1. Deputy Earvin Johnson (Snohomish County Sheriff’s Office) 2. Deputy Kevin McHale (Snohomish County Sheriff’s Office) 3. Deputy Danny Ainge (Snohomish County Sheriff’s Office) 4. William Walton 5. Dražen Petrović, Ph.D. (Washington State Crime Lab) The state further DEMANDS the names and addresses of persons whom the defendant intends to call as witnesses at the hearing or trial, together with any written or recorded statements and the substance of any oral statements of such witnesses. DONE this 10th day of February 2018. ___________________________ Phil Jackson Prosecuting Attorney SNOHOMISH COUNTY SUPERFORM Suspects Name: BIRD, LARRY Case #: SO14-3421 Synopsis/PC for Arrest (Include all elements of the crime, date of violation and location of crime) Summary: On 1/25/18, Larry Bird (DOB: 7/15/95) was arrested for having possession of a stolen vehicle and possession of drug paraphernalia. NARRATIVE: On January 25, 2018, I was patrolling State Route 99 in Snohomish County and I noticed a lowered brown Gran Torino driving northbound in lane one of one. I was drawn to the vehicle by the loud music coming from it and was concerned that it might be presenting a safety hazard to other drivers. As I approached the vehicle from the rear, I noticed an adult male sitting in the driver’s seat. As the license plate tabs were expired, I conducted a stop of the vehicle by activating my lights and siren. The vehicle complied with the stop. I approached the vehicle from the driver’s side and asked the driver for his license and registration. He informed me that his name was Larry Bird (S1). I asked the driver for identification. He complied with this request. I ran a background check on Bird (S1) and his license revealed that his license was suspended in the third degree. I returned to the vehicle and placed Bird (S1) under arrest for DWLS 3. As a courtesy to Bird (S1), I offered to call someone who would be able to move the vehicle for him, as this was a high crime neighborhood and an unsafe place to leave a vehicle. Bird informed me that the car was not his and that it belonged to Kareem UNK (W1). I asked him for Kareem’s last name and he stated that he didn’t know it. I asked him if he had a phone number for him and he stated that it was in his phone. He said that he thought the number ended in “33”. I looked through the phone and found a number ending in “33” and called it. An unidentified person answered the phone and I asked for Kareem (W1). That person said that he did not know who that person was. I asked him for his name and he said it was Lew UNK (W2). I then told Bird (S1) that the person on the phone was named Lew (W2) and he told me that he had made a mistake about the name of the person and that it was, in fact, Lew (W2).
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